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Judge Andrews grants in part motion to exclude expert testimony

In LG Electronics, Inc. v. Asko Appliances, Inc., C.A. No. 08-828-RGA (D. Del. June 22, 2012), Judge Andrews granted-in-part defendants’ motion to exclude plaintiff’s expert. Judge Andrews determined that the expert was not qualified to opine as to whether any reference was “prior art”, but could opine as to “what different references teach, and to differentiate and compare references.” Id. at 1. Judge Andrews also found that while the expert was qualified to opine about the secondary consideration of copying (due to “his expert ability to review and compare washing machine motors, their development, and their installation”), the expert could not opinion on other secondary considerations, such as commercial success, because the opinion was based on the expert’s review of industry documents and knowledge of plaintiff’s corporate witness, rather than his own expertise in the industry. Id. at 2.


LG Electronics, Inc. v. Asko Appliances, Inc., C.A. No. 08-828-RGA (D. Del. June 22, 2012)

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